A statute of limitations is the deadline for when you are expected to file a lawsuit. In some instances, lawsuits are required to be filed within a specific time period. If an individual case exceeds the statute of limitations, then the legal claim is not considered valid anymore. Each legal dispute has a different time frame of the most appropriate times where you are expected to file a lawsuit.
Both EEOC and DFEH have a “work-sharing agreement” that allows you to cross-file. This means that if you file with the EEOC, then you are also permitted to cross-file with DFEH. The same applies if it was the other way around.
EEOC. There are different types of ways to reach out to the EEOC to file a charge for employment discrimination.
DFEH. There are a few actions to look into before filing a complaint with the DFEH. If your situation took place outside of California, you are required to contact the DFEH before going through with the intake form. They normally have authority for acts that relate to discrimination, retaliation, or harassment that are committed within California. Information must be sent to the department for them to review the case to make a decision on what their response may be.
If you’ve filed a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the U.S. Department of Housing and Urban Development (HUD), you are not required to file a separate claim with DFEH. Not only does DFEH have a cross-file with the EEOC, but it does with HUD as well. If you are a federal employee, the DFEH does not have authority to handle your employment complaint.
After confirming that your situation is applicable, you may begin the process of filing a DFEH claim. The first step for filing a complaint with DFEH is to complete an intake form. You will then have an intake interview with a department representative to figure out if the formal complaint will be approved to start a formal investigation.
If you are not intrested in the DFEH Investigation, then you may file your own lawsuit for employment discrimination in court by getting a Right-To-Sue notice. There are various ways to fill out an intake form such as completing it online in the Cal Civil Rights System (CCRS), mail, phone, fax, or email.
If you have made up your mind to take action, it is important to work with an attorney that specializes in cases like yours. The sexual harassment lawyers at West Coast Employment Lawyers have extensive experience handling sexual harassment cases. We will work tirelessly to gather the facts, find and interview eyewitnesses, hire experts, and fight for your rights.
We work on a contingency basis, which means we only get attorney’s fees if we are able to recover for you. Our legal team is available 24/7 and will take care of your case from start to finish. For a free no-obligation consultation with a sexual harassment attorney in California, contact our office at (213) 927-3700
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